6.11.2010

EN

Official Journal of the European Union

C 301/66

(Case F-79/10)

()

2010/C 301/107

Language of the case: French

Parties

Applicant: Charles Dubus (Tervuren, Belgium) (represented by: E. Boigelot and S. Woog, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the defendant’s decision not to include the applicant in the list of officials promoted to grade AST4/C under the 2009 promotion exercise and application for compensation for non-material damage suffered

Form of order sought

—annul the Commission’s decision, published on 20 November 2009, not to include the applicant on the list of officials promoted from grade AST3/4 to grade AST4/C under the 2009 promotion exercise;

—as a consequence of that annulment, undertake a further comparative examination of the applicant’s merits and those of the other candidates under the 2009 promotion exercise and promote the applicant to grade AST4C with retroactive effect from 1 January 2009 together with the payment of interest on the arrears of pay at the rate applied by the European Central Bank in its main refinancing operations, from 1 January 2009, increased by 2 points, without however challenging the promotion of the other officials promoted and whose names appear on the list published on 20 November 2009;

—order the Commission to pay the applicant EUR 3 500 compensation for non-material damage suffered as a result of the fact that he was not promoted on 1 January 2009, without prejudice to any increase during the proceedings;

—order the European Commission to pay the costs.